Bharathavilasom Sndp Yogam vs National Highway Authority Of ...
2022 Latest Caselaw 7052 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                      WP(C) NO. 19719 OF 2022
PETITIONER:

             BHARATHAVILASOM SNDP YOGAM,
             BR. NO.765, REPRESENTED BY SECRETARY,
             THURAVOOR SOUTH, CHERTHALA,
             ALAPPUZHA-688532.
             BY ADVS.
             SRI S.KRISHNAMOORTHY
             MS.SNEHA ROSE
             MS.P.S.ARUNA


RESPONDENTS:

    1        NATIONAL HIGHWAY AUTHORITY OF INDIA,
             REPRESENTED BY DEPUTY GENERAL MANAGER CUM PROJECT
             DIRECTOR, NO.36/414(III), NEAR NSS HIGHER SECONDARY
             SCHOOL, PALKULANGARA, THIRUVANANTHAPURAM-695024.
    2        THE DISTRICT COLLECTOR,
             COLLECTORATE, ALAPPUZHA-688001.
    3        THE DEPUTY COLLECTOR (SPL),
             LA (NH), COMPETENT AUTHORITY, COLLECTORATE,
             ALAPPUZHA-688001.
    4        SPECIAL TAHSILDAR,
             OFFICE OF THE SPECIAL TAHSILDAR, LANH,
             CHERTHALA-688524.
    5        THE VILLAGE OFFICER,
             THURAVOOR SOUTH VILLAGE, THURAVOOR,
             CHERTHALA, ALAPPUZHA-688552.
             SMT. C.S. SHEEJA, SR.GOVT.PLEADER,
             SRI. B.G. BIDAN CHANDRAN,SC.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.06.2022,     THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.19719/2022
                                     2




                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C)No.19719 of 2022
               --------------------------------------------
                Dated this the 17th day of June, 2022

                               JUDGMENT

Admit. Standing Counsel takes notice for the 1 st respondent.

Government Pleader takes notice for respondents 2 to 5.

2. The petitioner's property was acquired for widening of

National Highway 66. According to the petitioner, a temple is

situated in the said property and the entire front portion of the

temple is to be acquired. The petitioner submits that the entire

temple will have to be reconstructed. The 2 nd respondent has

already passed an award, which is produced as Ext.P2. It is

submitted that in Ext.P2, the entire area of the temple is not

assessed and value of the temple building has not been

determined before passing the award. The petitioner has therefore

preferred Ext.P4 arbitration application under Section 3G(5) of the

National Highways Act, 1956 before the 2 nd respondent and the

same is pending.

3. The petitioner has approached this Court seeking a

direction to the respondents to assess the valuation for the entire

temple/building situated in Re.Sy.No.160/15 of Thuravoor South W.P.(C)No.19719/2022

Village, before proceeding with acquisition of the Temple premises

and for other consequential reliefs.

4. Going by the provisions contained in the National

Highways Act, once the award is passed, the matter has to be

taken up before the Arbitrator for appropriate relief. Section 3G(7)

gives ample power to the Arbitrator to consider the appropriate

value to be fixed as compensation. Once the matter comes before

the Arbitrator, the Arbitrator is also having the powers available

under Section 17 the Arbitration and Conciliation Act, 1996 (1996

Act for short) which permits issuance of interlocutory orders. In

such circumstances, I deem it appropriate to relegate the

petitioners to their remedy before the Arbitrator.

5. The petitioner is directed to prefer an appropriate

interlocutory application before the 2nd respondent in Ext.P4

proceedings under Section 17 of the 1996 Act, seeking reliefs of

valuation of the temple building and that of the land. The

application shall be filed within ten days. On receipt of the

application, the Arbitrator shall consider the interlocutory

applications and pass orders regarding the inspection and

valuation of the land and the building within one week thereafter

and proceed to finalise the application regarding the amounts to be W.P.(C)No.19719/2022

allowed as compensation. There will be a direction that demolition

of the building/structures shall be kept in abeyance for a period of

one month to facilitate the valuation. The entire arbitration

proceedings shall be completed at the earliest, at any rate, within

eight months from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE

dsn W.P.(C)No.19719/2022

APPENDIX OF WP(C) 19719/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE BUILDING VALUATION PREPARED BY THE ASSISTANT EXECUTIVE ENGINEER OF NATIONAL HIGHWAY AUTHORITY.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 04/02/2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE ORIGINAL COPY OF THE PHOTOS OF THE TEMPLE IN R. SY. NO.160/15 OF THURAVOOR SOUTH VILLAGE.

Exhibit P4 TRUE COPY OF THE APPEAL DATED 23/05/2022 FILED UNDER SECTION 3(G)(5) OF THE NH ACT BY THE PETITIONER, BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT WITH SR/ARB/952/2022 ISSUED BY THE 2ND RESPONDENT DATED 26/05/2022.